False Complaints to Ofsted

False Complaints to Ofsted

by: andy - 10-05-12 09:10

Hi all,

I wonder if any of you can help me.

I have no intention of naming and shaming and will do my best to keep locations and names completely annonymous...!

My wife has recently opened a nursery and had a visit from Ofsted saying a concerned 'member of the public' had registered a complaint. Ofsted looked into the complaint and could not substantiate the claim but the complaint has been logged on Ofsted website.

We have now been informed by a member of staff from another local nursery that the owner of this other nursery had told one of her staff to come to my wifes nursery as a potential customer to have a look around and then instructed this member of staff to register a complaint with ofsted.

We have names of the person who registered the complaint, paperwork to prove that the person on the school run had three children and not the claimed six and the member of staff from the other nursery knew the nature of the complaint so she must be telling the truth and has nothing to gain apart from dismissal from her job.

My question is this, is there a procedure to get this complaint investigated further and would the person registering the complaint have to give a name.

We are considering legal action and are currently getting all of the evidence together but would like to consider other options before going down this route.

Thanks.

by: whmon

Hi Andy,

Sorry to hear about this. Unfortunately there's nothing you can do about it. We had a speight of false complaints and we knew the perpetrator was a parent who's child we had withdrawn due to non-payment of fees. Ofsted kept coming back about the various, spurious 'complaints'. Ofsted said there was nothing we could do about it as when they receive a complaint they have to act. They said the only thing that we could actually do was keep on our toes and not let our standards slip so that when they came they would find nothing amiss.

Your wife may well find she gets these 'complaints' too when parents stop paying their fees. It is very unfair but what can you do?.

In your wife's case - I would be very tempted to ring the other nursery saying you were warning them to be aware that somebody is making malicious complaints about nurseries in the area but you are investigating the complainant and will take legal action when you find out who it is. Make sure they believe what you say and hopefully they will not do it again!

by: andy

Hi and thanks for your reply, I also like your suggestion and am tempted to go down this route.

So far we have had no issues with non paying parents and all of our parents are very nice as are the children so fingers croseed we will not have any issues in the future.

Hopefully we can nip it in the bud now but my wife has already told her staff to be extra vigilant on school runs and to make sure they adhere to all policies and procedures....

by: newsetting

We have had this happen too - malicious complaints. The OFSTED inspector estimated that a huge 80% of the complaints she investigated were malicious and linked to parents not wanting to pay fees.

by: kaz (the first one!)

We have had it too! Twice in 12 years. Not nice but you just have go through the procedures and give Ofsted the information they need and of course do any investigations needed your side. It seems to be part and parcel of childcare.

by: andy

Thanks for your replies, i just find it annoying that the complaint goes on the ofsted website against your nursery even if it found to be flase...its almost being guilty and no option to prove your innocent.

I dont think ofsted should accept 'concerned member of the public' complaints. Under the current scheme ther is nothing to stop a malicious person making as many claims a week as they want.

LIke you all say though, keep your head down, make sure everything is up to standard and make sure if another unexpected ofsted inspection happens dazzle them with evidence it is another false claim.

Who would have thought the world of childcare could be so bitter....lol

by: whmon

Welcome to our world Andy - :(

by: raramoo

Hi,

From my understanding complaints are only published to the website if there is anything to find on inspection. Often the compliance officers attend to investigate one complaint to find that something else is amiss or that the complaint may not be valid but there are areas that could be tightened up in order to protect the children and to prevent further complaints in the same manner.

We had a bunch of malicious complaints by ex staff a number of years ago, these were published with their actions on the website. More recently a complaint that was completely out of context was not published as the Complaince Officer did not find any evidence of the complaint or any furhter issues of concern whilst in attendance.

by: sparkie

Hi Its a mean world out there we had 5 false complaints in 2 years. The Ofsted inspector said she wondered what on earth she was coming in to. They came from parents who we took to court for money and two staff who had been dismissed for safeguarding. 

by: me

i would get your solicitor to write to them or of course you could bring a small claim or a civil action. your ndna or pla insurance covers legal advice so use it its good. i would NOT write to them as an individual it could be seen as malicious use the law

by: joshuajones

Complaints can only be logged on the website, IF the investigating officer can uphold the compliant.

If you were able to prove to her that the complaint was unfounded, ie you have registers proving how many children/staff you had etc, and the complaint cannot be proven, they cannot post it.

If they have, then write to Ofsted and out line your concerns with the reasons why you do not agree, they will then reinvestigate, and if they prove the report to be innacuarte will remove it from the website.

WE have just had a similar incident, complained to Oftsed with all our evidence and the complaint has been removed, because we were right and they were wrong !!!

Go back to Ofsted

by: joshuajones

apologies for my spelling in last post !! fingers not working properly !